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(영문) 의정부지방법원 2015.09.01 2015노1812

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of suspended execution in one year and six months of imprisonment, one year and six months of imprisonment) is too unreasonable.

Judgment

A. There are favorable circumstances such as the confession of and reflect on the crime committed by the defendant, and the victim does not want the punishment of the defendant in one year and six months of suspension of execution (the crime No. 1 and No. 2 of the judgment of the original court).

However, each of the crimes of this case is not good quality, and in particular, the crime of inflicting bodily injury upon the victim several times due to the saving chain, which is a dangerous object, requires strict punishment in consideration of the method, consequence, etc. of the crime, in addition to considering the defendant's age, character and behavior, environment, motive and background of the crime, means and result of the crime, circumstances after the crime, the range of recommended sentences according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, and equity with the case where the defendant's judgment has become final and conclusive at the same time, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

B. On September 23, 2014, the Defendant committed the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) on September 23, 2014 (a violation of the Act on the Punishment of Violences, etc., and a violation of the Act on the Punishment of Violences, etc. (a violation of the Act on the Punishment of Violences, etc.) again during the suspension period.

The crime is defined as a statutory penalty for a limited term of three or more years, and the sentence of a sentence is inevitable for the defendant.

The sentence imposed by the court below on the defendant is the lowest of the applicable sentencing range under the law, which has been sentenced to discretionary mitigation from the statutory penalty.

In light of this point, it cannot be said that the above punishment is too unreasonable because it is too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.